Can Workers' Comp Be Denied For Drinking Alcohol Prior To The Accident?

Insurance companies can rely on a number of factors to deny a workers' compensation claim. Alcohol and drug use are two factors that are commonly relied on. Even though winning your claim will be more challenging, testing positive for alcohol use does not necessarily mean that you will be denied benefits. If you were injured on the job and had alcohol in your system, here is what you need to know.

Are You Required to Take a Blood Alcohol Test?

Immediately following a workplace injury, your employer might request that you take a blood alcohol test. The results of the test could be used against you if there is even an insignificant amount of alcohol detected in your blood sample.

Some workers try to avoid a denial for workers' compensation benefits by refusing to submit to the blood alcohol testing. Although you have the legal right to say no, it could further complicate your case. Your employer likely has a provision in its hiring policies that require employees to submit to testing after an accident. Failing to take the test could be considered an admission of wrongdoing.

By taking the test, you can possibly help your case. If the amount of alcohol in your system is determined to be insignificant, you and your attorney could argue that it was not enough to have an impact on your ability to safely work.

What If Your Claim Is Denied?

If there is any alcohol detected in your system, there is a good chance that the insurance company will deny your workers' compensation benefits. This is not the end of the claim though. You have the right to file an appeal and should do so if you believe that alcohol did not play a role in the accident.

To win your case, you will need to prove that you were not intoxicated and that you were behaving responsibly prior to the accident. Your blood alcohol test results can help prove you had not consumed enough to lead to careless behavior.

To prove you were acting responsibly before the accident, you could rely on co-workers' testimony. Your co-workers could testify to not only how well you were working prior to the accident, but also note whether or not they witnessed you drinking alcohol beforehand.

Before giving up on a workers' compensation claim, talk to an attorney like those at Gilbert, Blaszcyk & Milburn LLP. He or she can help determine if there are any means of fighting the claim and help you take action.